1 - L.P. Patel (Laxmi Prasad Patel) S/o Shri Ishwar Prasad Patel, Aged About v. 1 - State of Chhattisgarh Through The Secretary, Department of School Education, Government of
Case Details
1 Digitally signed by GOPAL SINGH Date: 2025.02.18 20:28:19 +0530 2025:CGHC:6170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8122 of 2024 1 - L.P. Patel (Laxmi Prasad Patel) S/o Shri Ishwar Prasad Patel, Aged About 59 Years Working As A In-Charge District Education Officer, Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of School Education, Government of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Director, Public Instruction Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - The Collector Sarangarh Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh
Legal Reasoning
this Court in WPS No.1793 of 2024, as such the petitioner could not be posted as Incharge District Education Officer at Sarangarh – Bilaigarh. When said S.N. Bhagat retired then only on 12.8.2024 the petitioner was posted as Incharge District Education Officer and thereafter within four months on 29.11.2024 the impugned order has been passed. While issuing the transfer order the petitioner was being replaced by respondent No.4 who is very junior to the petitioner. In the circulars dated 4.8.2011 and 14.7.2014 the State Government has specifically issued directions that while posting any Incharge seniority of the officer is to be considered and only the senior most officer can be made Incharge of any department or institution. In the present case, respondent No.4 who is junior to the petitioner has been made Incharge District Education Officer in place of the petitioner and the petitioner was reverted back to his original place of posting ignoring the seniority of the petitioner. When the State Government has issued circulars that seniority-cum- merit is to be considered while giving posting as Incharge officer, the authorities should adhere to the circulars issued by the State Government. From perusal of the impugned order, it seems that the circulars issued by the State Government have not been taken into consideration and the impugned order has been passed in a very cursory manner. 8. Considering the aforesaid aspect of the matter and further considering the fact 7 that the petitioner has merely worked for four months as Incharge District Education Officer and without there being any reasonable reason he has been transferred only on the basis of complaints made against him, this Court finds it difficult to confirm the impugned order dated 29.11.2024 passed by respondent No.1 and as such the impugned order, which is in teeth of the circulars and directions of the State Government, is liable to be quashed and it is accordingly quashed. 9.
Arguments
4 - Smt. Vibhawari Singh Thakur, Principal, Government Higher Secondary School Hardi, Block Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner For State/Respondents No.1 to 3 For Respondent No.4 : : : Shri Dhani Ram Patel, Advocate Shri Ajit Singh, Government Advocate Shri Syed Ishhadil Ali, Advocate 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 3/02/2025 1. The petitioner by way of this petition has challenged legality and correctness of the order of transfer and posting dated 29.11.2024 passed by respondent No.1 the Secretary, School Education Department. The petitioner has challenged the aforesaid order stating that he has been posted as Incharge District Education Officer, District Sarangarh - Bilaigarh, however, by the impugned order, respondent No.4, who is junior to the petitioner, has been posted as Incharge District Education Officer, District Sarangarh – Bilaigarh, which is against the instructions and circulars of the State Government dated 4.8.2011 as well as 14.7.2014 which state that while transferring and posting the Incharge employee the charge should not be handed over to the juniors of that employee. According to the petitioner, respondent No.4 is junior to the petitioner, as such she cannot be posted as the Incharge District Education Officer in place of the petitioner. The petitioner has prayed for following reliefs in this petition: “10.1 That, this Hon'ble Court may kindly be pleased to call for the records of the case of the State for kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned orders dated 29.11.2024 passed by respondent No. 1 by which the petitioner who was working as a In-charge District Education Officer, District Sarangarh Bilaigarh has been transferred to Principal, Govt. Higher Secondary, School Hardi, Block Sarangarh, District Sarangarh-Bilaigarh and vide order dated 03.12.2024 passed by Respondent No. 3 Collector, Sarangarh-Bilaigarh and and on 04.12.2024 again ex party relieving order has been passed by respondent no. 4 and petitioner may allow to continue to work as a In-charge District Education Officer, Sarangarh-Bilaigarh. 3 10.3 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner submits that the impugned posting order dated 29.11.2024 by which the petitioner was transferred/posted as Principal, Government Higher Secondary School, Hardi, Block Sarangarh, District Sarangarh – Bilaigarh in a very short span of time and respondent No.4 has been transferred and posted as Incharge District Education Officer of District Sarangarh – Bilaigarh contrary to the circulars and policy of the State Government dated 4.8.2011 and 14.7.2014. It has been argued by learned counsel for the petitioner that an ex parte relieving order has been passed against the petitioner by the Additional Collector, which is also contrary to the rules. Learned counsel further submits that vide order dated 13.3.2024 passed by respondent No.1 the petitioner was transferred as Incharge District Education Officer, Sarangarh in place of S.N. Bhagat who was working in that place as Incharge District Education Officer. Said S.N.Bhagat has filed a writ petition challenging the order of posting of the petitioner stating that he is going to retire within three months and as such the transfer order dated 13.3.2024 by which the petitioner as well as said S.N. Bhagat were transferred was stayed by this Court on 22.3.2024 in WPS No.1793 of 2024 (S.N. Bhagat v. State of Chhattisgarh and others) and as such even after passing order in his favour the petitioner could not join as the Incharge District Education Officer of District Sarangarh – Bilaigarh. It was further argued that the petitioner thereafter joined at Sarangarh as the Incharge District Education Officer at Sarangarh on 12.8.2024 and he has merely completed only 5 months as the Incharge District Education Officer at District Sarangarh – Bilaigarh. Learned counsel further submitted that in the gradation – list, the petitioner is at Sl.No.525 whereas respondent No.4 is placed at Sl.No.599 as such 4 respondent No.4 is very much junior to the petitioner. Hence, the transfer/posting order of the petitioner as well as respondent No.4 is against the circular/instructions issued by the State Government dated 4.8.2011 and 7.2.2013 and as also against the gradation – list published by the State Government dated 18.9.2024, the order impugned is liable to be quashed. 3. On the other hand, learned counsel appearing for the State/respondents No.1 to 3 submits that the petitioner has been transferred/posted as complaints were filed against him. As there were huge annoyance between the employees of District Sarangarh - Bilaigarh against the petitioner resulting in adverse effect in day to day affairs of office of the District Education Officer, District Sarangarh - Bilaigarh and the circumstances occurred due to the misconduct on the part of the petitioner with the government employees, compelled for transfer of the petitioner from the office of the District Education Officer so that the government affairs could be gone properly and smoothly, therefore, in the interest of administration it was felt appropriate to transfer the petitioner from the office of the District Education Officer and accordingly vide the impugned transfer order, the petitioner has been transferred and posted as Principal at Government Higher Secondary School, Hardi Block Sarangarh from the office of the District Education Officer, District Sarangarh - Bilaigarh and in place of the petitioner, respondent No.4 is posted. The substantive post of the petitioner as well as respondent No.4 is the post of Principal and the petitioner has been given the charge of District Education Officer, District Sarangarh - Bilaigarh purely on temporary basis as Incharge. The petitioner has not substantively been posted as District Education Officer, District Sarangarh - Bilaigarh by the order dated 13.3.2024. The petitioner who has been given the charge of the post purely on temporary basis, as a time gap, has 5 no indefeasible right to claim his posting on the said post permanently. It is well known that the change of place during the service is an incident of service and every employee under the government establishment is obligated to serve the establishment in accordance with the need of the administration. In that view of the matter, the petitioner cannot claim as a matter of right to continue working with the office of the District Education Officer, District Sarangarh - Bilaigarh and deny to work at Government Higher Secondary School, Hardi, Block Sarangarh, District Sarangarh – Bilaigarh. It is further submitted that the petitioner has rightly been transferred/posted looking to the serious allegations made against him. 4. Learned counsel appearing for respondent No.4 argued that the impugned order is in accordance with law and the petitioner has rightly been transferred. The petitioner has filed the present petition by suppressing the material fact that the transfer of the petitioner made by the authority due to the complaints received against the petitioner and on those complaints complete investigation conducted against the petitioner and serious allegations like irregularities in examination and illegal fees extortion from the students were found and also 2 call girls were found from the residence of the petitioner and after investigation District Education Officer submitted his investigation report dated 8.5.2024 (Annexure R1) giving suggestion for taking strict constructive action. 5. In his rejoinder, the petitioner submits that vide order dated 19.2.2024 he was discharged in the departmental inquiry and his suspension period was also regulated. The allegations were politically motivated as the person who has recommended for transfer of the petitioner has subsequently recommended 6 and praised the work of the petitioner as such the complaints are not trustworthy. 6. I have heard learned counsel appearing for the parties and perused the material available with due circumspection. 7. From the case as projected by the petitioner, it is evident that vide order dated 13.3.2024 the petitioner was made Incharge District Education Officer in place of one S.N. Bhagat, however, said S.N. Bhagat has got an order of stay from
Decision
In the result, the writ petition is allowed. 10. No order as to costs. Gopal Singh Sd/- (Amitendra Kishore Prasad) JUDGE